Haydee Dijkstal

  • Year of Call 2018

Introduction

Introduction

Haydee Dijkstal is a barrister practicing international criminal law, international human rights law and general crime.  She is also a US attorney with nearly a decade of experience in international law.

Haydee's practice in the area of international criminal law includes cases before the International Criminal Court, International Tribunal for the Former Yugoslavia, and the Special Court for Sierra Leone, and has involved the representation of victims, governments and accuseds. She is currently instructed as counsel for a group of Afghan victims participating before the ICC, and has previously been involved in victim representation before the ICC concerning the Situation in Palestine and for Sudanese victims in the Banda and Herbo case.  She recently acted as co-counsel representing victims of the Gaza Freedom Flotilla, as well as the Government of the Comoros, in proceedings before the ICC which included the first Article 53(3) judicial review of a prosecutor’s decision not to investigate. Recent instructions before the ICC have also included acting as co-counsel for amicus curiae briefs in the Palestine Situation (on the scope of the court’s territorial jurisdiction) and case against Bosco Ntaganda (on the definition of ‘attack’ for war crimes against cultural property). Her previous instructions before the ICC include work in the Kenya cases for the Government of Kenya, Defence team for Abdullah Al-Senussi in the Libya Situation, and work on a number of Article 15 Submissions to the Office of the Prosecutor. She was previously on the defence team for Charles Taylor at the SCSL, and for Milan Lukic at the ICTY for review proceedings.

Her practice in the area of international human rights law covers issues including arbitrary detention, fair trial rights, torture, enforced disappearance, diplomatic protection, free speech and association, indigenous peoples’ rights, natural resources, cultural heritage and the right to family life, privacy and identity.  It includes cases before the European Court of Human Rights, African Commission and African Court on Human and Peoples’ Rights, and UN bodies such as the Working Group on Arbitrary Detention, the Committee on Enforced Disappearances and before UN Special Rapporteurs. Addressing international violations in domestic jurisdiction she was instructed on a UK Parliamentary panel established to investigate and report on Saudi political prisoners, and on behalf of victims under the principle of universal jurisdiction.  She has also worked on cases involving the Alien Tort Statute, Torture Victim Protection Act and Foreign Sovereign Immunity Act in US federal courts.

Haydee has additionally worked in the area of transitional justice assisting the Truth, Reconciliation and National Unity Commission (TRNUC) of Seychelles as a legal consultant.

Haydee is recommended as a Leading Junior in International Crime in the Legal 500.  The 2022 edition states that: "Haydee is an international law barrister of the highest calibre. Her forensic attention to detail when examining evidence and legal arguments, her expert knowledge of international law and human rights systems, and theirfierce advocacy mean that in every case her client's interests are managed and protected in the best possible way."  She was recommended as a 'Rising Star' in International Crime in the 2021 edition.  

In addition to her legal practice, Haydee founded and manages a UK ‘small charity’, called ICL Media Review, dedicated to providing publications on developments in international criminal and human rights law.

Haydee received an LL.M. in International and Comparative Law with a focus on international criminal law from George Washington University Law School in Washington DC, a juris doctor degree from University of Wyoming College of Law and a Bachelor's degree in international relations from Rhodes College.

Notable Cases

Notable Cases

Notable International Criminal Law cases:

  • International Criminal Court (ICC), Situation in the Islamic Republic of Afghanistan - Article 15 Communication to the ICC Prosecutor on behalf of a group of Afghan victims, and concerning crimes on the pattern of attacks and killings of journalists in Afghanistan (2021-present).
  • International Criminal Court (ICC), Situation on Registered Vessels of the Union of the Comoros, the Hellenic Republic and the Kingdom of Cambodia – Co-counsel for the legal team for the Government of the Union of the Comoros and for the legal team for Victims of the Gaza Freedom Flotilla (2014-2020)
  • International Criminal Court (ICC), Case against Bosco Ntaganda - Counsel instructed for amicus brief submitted to the ICC Appeals Chamber on the definition and scope of the term 'attack' under sources of international law in regards to the crime before the ICC of destruction of cultural heritage. (2021) 
  • International Criminal Court (ICC), Situation in Palestine - Counsel instructed for amicus brief submitted to the ICC on behalf of the Popular Conference for Palestinians Abroad on the question of the scope of the Court’s territorial jurisdiction over war crimes committed in Palestine (2020)
  • International Criminal Court (ICC), Article 15 Communication to ICC for Syrian victims in Jordan - Co-counsel for the legal team submitting a Communication to the ICC Prosecution concerning the crime against humanity of deportation and persecution for Syrian victims in Jordan (2019-present)
  • International Criminal Court (ICC), Prosecutor v. Abdullah Al-Senussi et al. – Defence team for former Libyan Spy Chief, Abdullah Al-Senussi (2013-2017)
  • International Criminal Tribunal for the Former Yugoslavia (ICTY), Prosecutor v. Milan Lukić - Defence team for former head of a Serb paramilitary group in review proceedings (2013-2015)
  • Special Court for Sierra Leone (SCSL), Prosecutor v. Prince Taylor – Defence team in contempt proceedings (2013)
  • International Criminal Court (ICC), Prosecutor v. Banda and Jerbo – Legal team for Sudanese Victims participating in proceedings (2011-2013)
  • International Criminal Court (ICC), Prosecutor v. Ruto et al. Legal team for the Government of Kenya (2011-2012)
  • International Criminal Court (ICC), Prosecutor v. Muthuara et al., - Legal team for the Government of Kenya (2011-2012)
  • Special Court for Sierra Leone (SCSL), Prosecutor v. Charles Taylor -  Defence team for former Liberian President, Charles Taylor (2009-2010)

Notable International Human Rights cases: 

  • European Court of Human Rights, Case of HA v UK (Application no 30919/20) – Instructed as counsel on the legal team (led by Dr Chelvan) representing an UNWRA recognised refugee from Lebanon, HA, who fears a real risk of Article 3 harm on return to the camp (2021-present)
  • European Court of Human Rights, Case of H v UK (Application No. 32185/20) – Instructed as counsel on the legal team (led by Dr Chelvan, incl Deborah Seitler) representing a five-year-old child, H, concerning the child’s Article 8 right (private and family life) to identity, and to have the consenting biological father named on the child’s birth certificate (2021-present)
  • African Commission on Human and Peoples’ Rights, Communication concerning the death penalty in Egypt Counsel instructed for a Communication on behalf of Egyptian citizens whose death penalties were confirmed following a mass trial and reported fair trial and due process violations (2021-present)
  • African Commission on Human and Peoples’ Rights, Communication concerning the Grand Ethiopian Renaissance Dam - Counsel instructed to bring a Communication on behalf of a US NGO raising violations of the African Charter to Egyptian farmers, including the right to development, due to Egypt and Ethiopia's failure to conduct consulations on the GERD (2021-present)
  • UN Working Group on Arbitrary Detention, Application concerning Palestinian nationals detained in Saudi Arabia - Counsel instructed to represent Palestinian nationals detained in Saudi Arabia (2019-present)
  • UN Special Rapporteurs, Application concerning arrest and detention of individual in Morocco and extradition to Saudi Arabia - Counsel instructed by the family of a Australian / Saudi dual national arrested in Morocco and extradited to Saudi Arabia in regards the risk of human rights violations in Saudi Arabia including the right to free expression and against torture (2021)
  • UN Working Group on Enforced and Involuntary Disappearances, Application for an individual disappeared in Niger - Counsel instructed to represent an individual disappeared in Niger and believed to be in Government custody (2020-present)
  • UN Working Group on Arbitrary Detention, Application concerning detention of Moroccan Journalists and Protesters – Legal team on behalf of detained journalist (2018 – 2019)
  • UN Working Group on Arbitrary Detention, Application concerning former South Korean President Park Geun-hye – Legal team on behalf of former South Korean President, Park Geun-hye (2017)
  • African Court on Human and Peoples’ Rights, African Commission on Human and Peoples’ Rights v. Libya – Legal team on behalf of Saif Al-Islam Gaddafi (2013-2016)
  • African Commission on Human and Peoples’ Rights, Case on behalf of 529 individuals sentenced to death in Egypt – Legal team for individuals sentenced to death (2014-2015)
  • African Commission on Human and Peoples’ Rights, Saif Al-Islam Gaddafi v. Libya – Legal team on behalf of Saif Al-Islam Gaddafi (2012-2013)

International Law in Domestic Jurisdictions: 

  • UK FCDO, Request for Diplomatic Protection on behalf of  British / Iranian dual national detained in IranCo-counsel on the legal team for the detained individual and his family in bringing a formal request for diplomatic protection before the UK Foreign Minister and FCDO (2020-present)
  • Parliamentary Fact-Finding Panel on Political Prisoners in Saudi Arabia – Co-counsel instructed as legal advisor to the Parliamentary panel established to investigate and report on the detention of the former Crown Prince Muhammed Bin Nayef and Prince Ahmed Bin Abdul- Aziz, and other political prisoners in Saudi Arabia (2020)
  • UK Metropolitan Police War Crimes Unit (SO-15), Application for War Crimes and Torture in Yemen - Co-counsel instructed to submit two requests for the initiation of a scoping exercise and investigation; (1) into an attack on civilians at a funeral in Sanaa Yemen and (2) into targeted killings and assassinations by mercenaries in Yemen (2019-present)
  • US Department of Justice, Human Rights & Special Prosecutions Section, Complaint for Yemen Victims - Co-counsel instructed to submit two complaints requesting an investigation and prosecutions under universal jurisdiction on behalf of family members of victims of (1) an attack on civilians at a funeral in Sanaa Yemen and (2) argeted killings and assassinations by mercenaries in Yemen (2019-present)
  • United States District Court, Central District of California, Dogan v. Barak – Legal team for victims bringing claims before US Federal Court under the Alien Tort Statute and Torture Victim Protection Act (2015-2019)
  • UK Metropolitan Police War Crimes Unit (SO-15), Application for a Scoping Exercise on Torture – Legal team for victims of torture in the UAE (2017)
  • U.S. District Court for the District of Columbia, Schermerhorn, et al., v. The State of Israel et al., Legal team for victims bringing claims before US Federal Court under the Foreign Sovereign Immunities Act (2015-2017)
  • UK Metropolitan Police War Crimes Unit (SO-15), Application for a Scoping Exercise on Torture and War Crimes – Legal team for victims of the Gaza Freedom Flotilla (2014-2017)

Transitional Justice

  • Truth, Reconciliation and National Unity Commission (TRNUC), Seychelles - Legal Consultant assisting the work of the Commission in regards to case determinations (2021-present)

International Legal Advice Work: 

  • Western Kingston Commission of Enquiry 2016, Tivoli Garden Committee – Legal advice for victims’ group on incident of police brutality in 2010 (2013-2017)
  • Multi-National Oil and Gas Exploration Company, Legal Advice on International Obligations – Legal team providing advice on corporate responsibilities and potential liabilities under international human rights and criminal laws concerning natural resources and indigenous peoples (2015)
  • Government of Sudan – Legal team providing legal advice on international law (2012)

 

Professional Admissions

Professional Admissions

Bar of the State of Illinois (2010)

Bar of England and Wales (2018)

International Criminal Court, List of Counsel (2019)

Qualifications

Qualifications

George Washington University Law School, Washington, DC

  • Master of Law (LL.M.) – International and Comparative Law

University of Wyoming, College of Law, Laramie, WY

  • Juris Doctor (JD)

Rhodes College, Memphis, TN

  • Bachelor of Arts – International Relations 

Additional qualifications

Justice Rapid Response, The Hague, The Netherlands

  • Rostered Expert for deployment on deploy on international justice and rule of law related missions, including United Nations commission of inquiries and fact-finding missions concerning violations of international human rights and humanitarian law 

George Washington University / Oxford University Program in International Human Rights Law

  • Certificate in Human Rights Law

Publications

Publications

  • ‘The ICC and Human Rights:  The Crime against Destruction of Cultural Heritage as Part of a Trend Towards Greater Human Rights Influence’, Indiana International & Comparative Law Review, Vol. 31, No. 3 (Published: 14 September 2021).  Available here.
  • ABA International Courts Year-in-Review Publication 2019, American Bar Association, Chapter on the International Criminal Court and International Criminal Court and Tribunals and Women’s Rights Cases (Published: August 2020). Available here.
  • 'Destruction of Cultural Heritage before the ICC: The Influence of Human Rights on Reparations Proceedings for Victims and the Accused', Journal of International Criminal Justice, (Published: 25 June 2019). Available here.
  • ABA International Courts Year-in-Review Publication 2018, Chapter on the International Criminal Court (Published: June 2019). Available here.
  • 'Yemen and the Stockholm Agreement:  Background, Context and the Significance of the Agreement,' American Society of International Law: ASIL Insight (Published: 31 May 2019).  Available here.  
  • ‘The Dakota Access Pipeline and the Destruction of Cultural Heritage: Applying the Crime Against Humanity of Persecution before the ICC’, Minnesota Journal of International Law, Issue 1 Volume 28 (Published: 28 February 2019). Available here.
  • ‘Victim Rights and the ICC Pre-Trial Chamber’s Decision on the Jurisdiction of the Court over the Crime of Deportation Against the Rohingya People’, American Society of International Law: ASIL Insights (Published: 26 November 2018). Available here.
  • ABA International Courts Year-in-Review Publication 2017, Chapter on the International Criminal Court (Published: July 2018). Available here.
  • ‘How President Trump’s Recognition of Jerusalem Could Affect the International Criminal Court’s Preliminary Examination into the Situation in Palestine’, Justice Hub (Published: 19 February 2018). Available here.
  • ‘Tunisia’s declaration for direct access to the African Court is an important step for dual African Union and Arab League nations’, Middle East Monitor (Published: 1 June 2017). Available here.

Memberships

Memberships

International Criminal Court Bar Association (ICCBA)

  • 2020-2021 Term: Executive Council and Victims Committee
  • 2019-2020 Term: Executive Council and Victims Committee
  • 2018-2019 Term: Amicus Committee and Counsel Support Staff Committee
  • 2017-2018 Term: Counsel Support Staff Committee

American Bar Association (ABA), International Courts & Judicial Affairs Committee

  • Co-Chair of the IC&JA Committee (Aug 2020 - 2021)
  • Vice-Chair of Programs (Aug 2019 - 2020)
  • Vice-Chair of Membership (July 2018-2019)

Bar Human Rights Committee

  • Member (2019)

ICL Media Review (‘UK Small Charity’)

  • Board of Trustee member (2011 – present)

Direct Access

Direct Access

Haydee is accredited to accept work under Direct access, also known as Public access, in suitable cases. In order to instruct Haydee on a Direct access basis, contact the clerks on +44 (0) 20 7242 6476 or at clerks@33bedfordrow.co.uk.   

The areas of practice in which Haydee most commonly provides legal services are matters relating to:

(1)   International Human Rights Law;
(2)   International Criminal Law;
(3)   Public International Law; and
(4)   General crime.

Her most commonly provided legal services are:

(1)   Representation in international and domestic courts and tribunals;
(2)   Drafting written submissions and / or correspondence to international courts and tribunals; and
(3)   Advising in conference.

Haydee’s most commonly used pricing models, are:

(1)   A fixed fee – for specific hearings, drafting of specific submissions or for phases of cases.
(2)   Hourly rate – for other work.